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28 Jun 2009, 12:42 pm
In other words, at trial, can the State simply present evidence that the defendant was a sex offender required to register and did not, or does the defendant's state of mind come into play? [read post]
19 Mar 2014, 2:11 pm
What This Means to Texas Defendants Facing Federal Drug Charges in Federal Sentencing Hearings Read carefully, and you will find that Attorney General Eric Holder’s proposed 2 level reduction does not change statutory minimums in sentencing. [read post]
28 Aug 2008, 11:39 am
Sentencing law simply does not foreclose a court's individual consideration of the specific nature and circumstances of the offense conduct at issue, including whether the offense committed was more or less heinous than offenses committed by other defendants convicted under the same statute. [read post]
6 Oct 2011, 4:30 am
Michael Pipe Stringing, Inc., 526 U.S. 344, 350 (1999) has held that the thirty-day period does not start to run until a defendant is properly served, the statute still permits removal based on receipt of the Complaint via methods other than service of process. [read post]
General reasonable suspicion of driving without a license just because of knowledge of the defendant
29 Dec 2007, 9:16 am
Defendant never specifically address the issue he appealed on in the motion or the hearing so he can't complain that the trial court did not rule on it. [read post]
15 Sep 2009, 2:12 pm
Permitting a sentence to go unexecuted does not encourage rehabilitation. [read post]
30 Nov 2018, 4:09 am
Since no leave to file such a motion is required under German procedural law, that may mean that a reopening of the record may happen contrary to a non-final holding at the trial that the defendants presented certain evidence out of time. [read post]
11 Sep 2011, 6:54 am
But as the court correctly concludes, CAFA achieves this particular result, and if Congress does not like it, Congress should rethink the rule. [read post]
17 Mar 2015, 4:11 pm
These are damages that are ordered not to compensate the plaintiff for his losses, but to punish the defendant for reckless conduct.Punitive damages are only awarded in those very rare cases, where the judge finds that the defendant's negligence is so severe, that it warrants special punishment. [read post]
29 Dec 2021, 9:45 pm
A jury does not like to see a defendant play games. [read post]
18 Feb 2010, 4:30 am
., the Eleventh Circuit found a case does not become removable as a CAFA case until a document is received by the defendant from the plaintiff that unambiguously establishes federal jurisdiction. [read post]
25 Jan 2019, 7:31 am
The district does not include of the largest Texas cities, but it does include the Dallas suburb of Plano (we can debate whether it is a suburb, but it is). [read post]
17 Apr 2011, 9:26 pm
The Illinois Genetic Privacy Act does not govern—the Fourth Amendment does, and the Fourth Amendment was not violated. [read post]
18 Jun 2012, 11:03 am
Does 1-245, a bittorrent downloading case pending in Manhattan, District Judge Colleen McMahon has issued a decision dismissing and severing all claims except the claim against John Doe #1, and quashing all related subpoenas. [read post]
17 Jun 2011, 7:26 am
United States (pdf) that federal law "does not permit a sentencing court to impose or lengthen a prison term in order to foster a defendant’s rehabilitation" in federal cases. [read post]
16 Jan 2013, 2:06 pm
With both Prop 36 and PC 1000, if the defendant does not successfully complete the program, the sentence that would have been given or has been given, shall be enforced. [read post]
9 Dec 2011, 3:45 am
But officers executing the warrant are permitted to exercise some minimal judgment as to whether a particular document or item fell within a described category, and therefore, that fact alone does not warrant the relief Defendant seeks. [read post]
26 Dec 2013, 11:21 am
Cooley Law School (Cooley) filed a complaint in Ingham County against Defendant John Doe 1 (Doe 1) alleging defamation arising from statements that Doe 1 made on a website that, under a pseudonym, criticized Cooley. [read post]
7 Dec 2018, 6:51 am
The post How Does a Wrongful Death Lawsuit Work? [read post]
10 Jan 2012, 10:16 am
Conway’s Jan. 4 decision as the “Jurisdiction Challenging Defendants” are seven of the foreign defendants. [read post]
